Green v. State

975 So. 2d 1081, 2008 WL 248555
Supreme Court of Florida·Decided January 31, 2008·No. SC06-211·Published·Cited by 12 cases

Opinion

975 So.2d 1081 (2008)

Ryan Thomas GREEN, Appellant,
v.
STATE of Florida, Appellee.

No. SC06-211.

Supreme Court of Florida.

January 31, 2008.

*1082 Nancy C. Daniels, Public Defender, and W.C. McLain, Assistant Public Defender, Second Judicial Circuit, Tallahassee, Florida, for Appellant.

Bill McCollum Attorney General, and Meredith Charbula, Assistant Attorney *1083 General, Tallahassee, Florida, for Appellee.

PER CURIAM.

Appellant, Ryan Thomas Green, was convicted of several serious crimes arising from one incident: first-degree murder for the shooting death of James Hallman; attempted first-degree murder for the shooting of Christopher Phipps; and robbery while carrying a firearm for stealing Phipps's car. He was sentenced to death for the first-degree murder conviction and life in prison for the attempted murder and robbery convictions. He appeals his sentence. We have jurisdiction. See art. V, § 3(b)(1), Fla. Const. Based on the substantial mental health mitigation presented — including evidence that for years Green has suffered from schizophrenic disorders, we vacate the death sentence and remand the case for the imposition of a sentence of life imprisonment without the possibility of parole.

I. THE FACTS AND PROCEDURAL HISTORY

As always, we review the facts in the light most favorable to upholding the jury's verdict and the trial court's findings. See Hertz v. State, 803 So.2d 629, 646 (Fla.2001) (noting that all conflicts in the evidence and reasonable inferences therefrom are resolved in favor of sustaining the verdict on appeal); Shapiro v. State, 390 So.2d 344, 346 (Fla.1980) (noting that the trial court's factual findings are clothed with a presumption of correctness, and the evidence must be interpreted in the light most favorable to upholding the trial judge's conclusions). We note, however, that in determining Green's sentence the trial court found all three statutory mitigating factors related to mental health: that Green was under the influence of extreme mental and emotional disturbance; that his capacity to conform to the requirements of the law was substantially impaired; and that he acted under extreme duress or under the substantial domination of another person. We therefore review the facts with those findings in mind.

The Shootings

In the days before the shootings, Green and a childhood friend visited the home of Henry Cecil. Cecil lived with his nephew, Christopher Phipps. The four men sat around a dining room table. While doing paperwork at the table, Cecil opened a briefcase containing a handgun. Green noticed the firearm and commented about it to his friend. Green and his friend left shortly thereafter.

On the morning of the murder, Green walked out of his mother's apartment, where he was living at the time, and walked to Cecil's home. He knocked on the door and Phipps invited him in. Phipps asked if Green wanted a glass of water. Green said yes. As Phipps left to the kitchen, Green walked to Cecil's bedroom. In the bedroom, Green noticed Cecil's handgun and briefcase and grabbed them. He returned to the living room, where he encountered Phipps. Green pointed the gun at Phipps's head and demanded the keys to his car — a white Ford Thunderbird. After Phipps gave him the keys, Green shot him in the head. He fled in Phipps's car.

A short time later, Cecil was returning to his house and noticed Phipps's Thunderbird. Cecil realized that Phipps was not the driver and followed the vehicle. After a 20- to 25-minute pursuit, Green eluded Cecil. Cecil then returned home, where he found Phipps lying on the living room floor with a severe head wound (he miraculously survived). Cecil also noticed that his gun and briefcase were missing.

*1084 Meanwhile, having eluded Cecil, Green continued driving and eventually reached Kingsfield Road. Along the road he encountered James Hallman, a retired police officer who was taking his daily walk. He was dressed in a maroon shirt, blue jeans, and a University of Alabama baseball cap. Green saw Hallman walking and drove past him to the end of the road. With Cecil's handgun, Green shot a bull grazing in a nearby pasture.

After shooting the bull, Green turned around and drove back down Kingsfield Road. He approached Hallman and asked him for directions. As Hallman leaned forward toward the car window, Green shot Hallman in the head and drove off. Hallman was discovered shortly thereafter by a family on their way to church. He was airlifted to a hospital and remained in a coma for a week before dying.

At around noon that day, Green returned to his mother's apartment. His brother, Aaron Green, was there with his girlfriend and a friend, Brian Lockwood. Green spoke with Lockwood, took Lockwood downstairs, and showed him the white Thunderbird. He admitted to Lockwood that he had killed two people.

Green then went inside the house and spoke with his brother. He showed his brother the suitcase and gun he had taken from Cecil's house. He admitted shooting Phipps, stealing his car, shooting the bull, and shooting Hallman.

At about 7 p.m. that evening, Green was arrested. Police found Cecil's pistol in his apartment.

Before trial, the circuit judge determined that Green was incompetent to stand trial and committed him to a mental health facility where he received treatment until October 26, 2004, when the court found him competent to proceed.

The Evidence at Trial

At trial, Green claimed insanity as a defense. He presented the testimony of his mother, his brother, and two mental health experts. Green's mother testified that at the age of thirteen Green had been diagnosed with clinical depression and that he had threatened suicide several times. Green's school helped his mother seek treatment from a child psychologist, but Green refused to cooperate. He was prescribed Prozac for his depression, but after several months he stopped taking it. At around age 15 or 16, Green began experimenting with illegal drugs. Between the ages of 15 and 17, Green's mother noticed that he suffered from personality issues. He was later diagnosed with impulse control disorder.

When Green was 16, he was sent to live with his father in Mississippi. At first, he was happy. The situation eventually deteriorated, however, and Green moved back in with his mother. In the following weeks, he exhibited angry and unusual behavior. He heard voices, locked himself in his room, and planted his mother's jewelry in potting soil to grow crystals. During this time, Green was not being treated for mental illness and was not taking any medication.

At one point, Green disappeared for three days. He was found by police in another county without identification. About four months before the shootings, Green was involuntarily committed to the Crisis Stabilization Unit at the Lakeview Center, where he remained for a few weeks. While there, he was prescribed medication to treat his mental illness. After he left, he had a follow-up appointment scheduled but refused to see the doctor.

Shortly after leaving the facility, Green turned violent. His mother testified that Green threw glass at her and destroyed her dining room set. He also carved a *1085 picture of a brain onto the seat of a chair. The carving included strange labeling and nonsensical equations. Green's mother and brother were fearful of him. Green would stay up for days locked in his room praying and speaking to entities no one else could see. Green also told his mother that God had given him a secret name no one knew about.

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Green v. State, 975 So. 2d 1081, 2008 WL 248555 (Fla. 2008).

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